HomeMy WebLinkAboutOrdinances - ORD-18-1921.1 - 12/17/2018 - Amendment to Meyer Material Annexation Agreement dated 12/17/2018I'�I'I��Nfl�flIIIA'Nllllliil
JOSEPH J. TIRIO
RECORD ER-MCHENRY COUNTY, IL
2019R0001888
01/22/2019 09:33.01 AM PAGES: 20
GIS FEE 15.00
RECORDING FEE 11.00
AUTOMATION FEE 8.00
This space reserved for Recorder's use only.
CERTIFICATION
I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify
that the attached document is a true and correct copy of Ordinance ORD-18-1921.1 an Ordinance
Authorizing the Execution of an Amendment to the South Meyer Material Annexation
Agreement along with the fully executed Meyer Material Annexation Agreement dated
December 2018.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful
custodian and keeper of the same.
Given under my hand and corporate seal of the City of McHenry this 16th day of
January, 2019.
r i
" Debra Meadows, Deputy City Clerk
• s .(SEAS.,) City of McHenry,
McHenry County, Illinois
'1')?.� .
y the Office of the McHenry City Clerk
of the Deputy City Clerk
(City of McHenry
33� S. Green Street
CERTIFICATE
The undersigned certifies that I am the Deputy City Clerk of the City of McHenry,
McHenry County, Illinois and further certifies that the attached is a true and accurate
copy of Ordinance ORD-18-1921.1, an Ordinance authorizing the Execution of an
Amendment to the South Meyer Material Annexation Agreement along with the full
executed Annexation Agreement Amendments as of December 2018.
Dated at the City of McHenry Municipal Center, Illinois, this 16th, Day of January,
2019.
••
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Deputy City Clerk, Debra Meadows
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1921.1
An Ordinance Authorizing the Execution of an Amendment to
the South Meyer Material Annexation Agreement
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
December 17, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 17th day of December 2018.
ORDINANCE NO. ' , — I- . , I
An Ordinance Authorizing the Execution of an
Amendment to the South Meyer Material Annexation Agreement
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this
Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution
of the State of Illinois.
WHEREAS, Chicago Title Land Trust Company, as Trustee under Trust Number 53278 is the record
owner ("Record Owner") of the real estate located on the south side of Illinois Route 120, consisting of
territory described as and depicted as Parcels A-E on the attached Exhibit A, legally described on the attached
Exhibit B;
WHEREAS, Meyer Material Company, an Illinois Limited Liability Company, is the sole beneficiary
of the Record Owner trust;
WHEREAS, notice of a public hearing was published in the Northwest Herald, within the time
provided by law, notifying the public of a hearing on said Amendment before the corporate authorities of the
City of McHenry;
WHEREAS, corporate authorities of the City of McHenry held the public hearing, as required by law,
and found that entry into this Amendment is in the best interest of the City;
NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: The Amendment to the South Meyer Material Annexation Agreement, bearing the date
of December 17, 2018, by and between the City of McHenry and the Record Owner be and the same is hereby
approved and a complete and accurate copy of said Amendment, without referenced exhibits, is attached to this
Ordinance and incorporated herein as Exhibit C.
C. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures to the Exhibit
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye: r l.,�i Y ,1 , r, K,, ilkVoting Nay
t%
Absent:
Abstain:
- APPROVED:
{s> aIJ) G
ATTEST: h
Mayor yk Jett
• r ,; Deputy City Clerk Debra eadows
Approved: 7
Z. IM L1e/xten.yCttyoJl Lle�erMateriall �U HOrdAmendSouth.doc
Meyer Material Amendment, Page 1
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of
the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby furtherprtify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the ' ,' day of � J:' (• v VA � ; cI' , 2018, the foregoing
Ordinance entitled An Ordinance Authorizing the Execution of an Amendment to the South
Meyer Material Annexation Agreement, was duly passed by the City Council of the City of
McHenry.
The pamphlet form of Ordinance No. �- i a,J j, , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the day of 1,.. g, -� m k; v' 2018, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this 7day of 2018.
Debra Meadows, Clerk
City of McHenry,
McHenry County, Illinois
Exhibit to
An Ordinance Authorizing the Execution of an Amendment to
the South Meyer Material Anexation Agreement
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. @1n7Roo0,-C NM4P,
I Exhibit B to
t An Ordinance Authorizing the Execution of an Amendment to
the South Meyer Material Anexation Agreement
Parcel A:
All those parts of Sections 28 and 29 in Township 45 North, Range 8 East of the
Third Principal Meridlain'bounded by a line described as follows, to -wit:
Commencing at the point of intersection of the East line of the West % of Section
28 with the North right of way line of Route 120; thence Northwesterly & Westerly
along Northeasterly & North right of way Route 120 to a point 581.69 feet West of
the Wesfi line of the East '/ of the Northeast % of Section 29, thence South
1938,41 feet, thence East on a line parallel to the South line of the Northeast %
of Section 29,577.41 feet to the intersection with the West line of the East 2 of
the North East'la of Section 29, thence Northerly 55,94 feet, thence Easterly on a
sine parallel to and 797,94 feet North of the South line of the Northeast'/a of
Section 29 and said line projected East to the West line of lot 10 in Sherman Hill
industrial Subdivision, thence Northerly to the Northwest corner of Lot 1Q, thence
Easterly along the South right of way line of Dot Street to a point on the West line
of Lot 1, thence South on the West line of Lot 1 to the Southwest corner of Lot 1,
thence East on the South line of Lot 1 and said line extended to the centerline of
Draper Road which is the. East line of the West'/ of Section 28, thence North on
the East line of the West /z Section 28 to the place of beginning, all in McHenry
County, Illinois.
Parcel B.
The South Half of the South Half of Section 29 (excepting the South Half of the
Southeast Quarter of Section 29; ALSO excepting that part of the South Half of
the Southwest Quarter of Section 29, described as follows: Beginning at the
Northeast Corner of the South Half of the Southwest Quarter of Section 29 and
running thence Weston the North line thereof for a distance of 925 feet to a
point; thence South at right angles to the last described fine at the last described
point for a distance of 400 feet to a point; thence Southeasterly on a line forming
an angle of 30 degrees and 30 minutes to the left with a prolongation of the last
described line, at the last described point, for a distance of 285 feet to a point;
thence Southeasterly In a straight and direct line to a point on a line drawn 425
feet West of end parallel to the East line of the South Half of the Southwest
Quarter of said Section 29, said point also being 510 feet North of the South line
thereof; thence South parallel to the East line thereof for a distance of 250.03
feet to a point; thence Southwesterly in a straight and direct line to a point which
is 200.02 feet North of the South line thereof and also being on a line 475 feet
West of and parallel to the East line of the South Half of the Southwest Quarter of
said Section 29; thence South on the last mentioned parallel line for a distance of
200.02 feet to the South line thereof; thence East on said South line to the
l Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), also (excepting therefrom the following -described
98-46-13fi4
premises, to wit: That part of the South Half of the Southwest Quarter'of Section
29, described as follows: Commencing at the Northeast Corner of the South Half
of the Southwest Quarter of Section 29 and running thence West on the North
line thereof for a distance of 925 feet for a place of beginning; thence South at
right angles to the last described line, at the last described point, for a distance of
400 feet to a point; thence Southeasterly on a line forming an angle of 30
degrees and 30 minutes to the left with a prolongation of the last described line,
at the last described point, for a. distance of 285. feet -to a point; -thence-
Southeasterly in a straight and direct line to a point on a line drawn 425 feet West
of and parallel to the East line of the South Half of the Southwest Quarter of said
Section 29, said point also being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of 260.03 feet to a point;
thence. Southwesterly in a straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line 475 feet West of and
parallel to the East line of the South Half of the Southwest Quarter of said
Section 29; thence South on the last mentioned parallel line for a distance of
200.02 feet to the South line thereof, thence West on said South line, a distance
of 200,01 feet to the intersection with a line drawn 675 feet West of and parallel
with the East line of the South Half of the Southwest Quarter of said Section 29;
thence Northerly along the last described parallel line, a distance of 146.47 feet;
thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes,
} 16 seconds to the right with a prolongation of the last described line, a distance
of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41
minutes, 26 seconds to the right with a prolongation of the last described line, at
distance of 332.15 feet, to the Northerly line of the South Half of the Southwest
Quarter of said Section 29; thence Easterly along said Northerly line, a distance
of 265.24 feet, to the point of beginning) and the East Half of the Southeast
Quarter of Section 30, all in Township 45 North, Range 8 East of the Third .
Principal Meridian, in McHenry County, Illinois.
Parcel C.-
That part of Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the West Quarter
Corner of said Section 29; thence South along the West line of said
Section 29 to the Northwest Corner of the South Half of the Southwest
Quarter of said Section 29; thence East along the North line of said South
Half of the Southwest Quarter of said Section 29, to the Southwest Corner
of Glacier Ridge Unit No. 2, according to the Plat thereof recorded August
7, 1978, as Document No. 741873; thence North along the Westerly fine
of said Glacier Ridge Unit No. 2, to the Northwest Corner of said Glacier
Ridge Unit No. 2; thence East along the North line of said Glacier Ridge
Unit No. 2 and along the North line of Glacier Ridge Unit No. 1, according
to the Plat thereof recorded August 30, 1977, as Document No. 706672 to
an angle point in said North line of Glacier Ridge Unit No. 1; thence
Northeasterly along the Northwesterly line of said Glacier Ridge Unit No. 1
EXHIBIT 2 g B �� 5� 1 3 6 5
to an angle point in said Subdivision; thence East along the North fine of
said Glacier Ridge Unit No. 1 a distance of 211.91 feet to a point which is
577.41 feet West from the East line of the West Half of the Northeast
Quarter of said Section 29; thence Northerly 389.81 feet to a point which
is 578.25 feet West from said East tine and 1508.6 feet South from the
North fine of said Northeast Quarter, thence West parallel with said North
line 678.25 feet to the East line of the aforementioned parcel of land
conveyed--by--Deed recorded..in.Book.127,_page.123;_.thetig— NQl#8 along
said East line 1508.6 feet to an intersection with the North line of the
Northeast Quarter of said Section 29; thence West along the North line of
said Section 29 to a point on said North line 500.00 feet East of the
Northeast Corner of the West 100 rods of the Northwest Quarter of said
Section'29; thence South parallel with the East line of the West 100 rods
of the Northwest Quarter of said Section 29, a distance of 340.0 feet;
thence West, parallel with the North line of said Section 29 to the East line
of the West 100 rods of the Northwest Quarter of said Section 29; thence
North along the East line of the W6st 100 rods of the Northwest Quarter of
said Section 29 to the North tine of said Section 29; thence West along the
North line of said Section 29 to the Northwest Corner of said Section 29;
thence South along the West line of said Section 29 to the point of
beginning (excepting therefrom that part of the West 100 rods of the
Northwest Quarter of Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Southwest Corner of said Northwest Quarter; thence North along the West
line of said Northwest Quarter, a distance of 734.12 feet; thence Easterly
along a line forming an angle of 90 degrees, 30 minutes, 48 seconds to
the right with a prolongation of the last described line, a distance of
1020.03 feet for a point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on the East fine of said
West 100 rods of said Northwest Quarter, said point being 681.92 feet
North of the Southeast Corner of said West 100 rods; thence South along
the East line of said West 100 rods, a distance of 681.92 feet to said
Southeast Corner, thence West along the South line of said Northwest
Quarter, a distance of 629.74 feet; thence North, a distance of 701.85 feet
to the point of beginning; ALSO, That part of the North Half of the
Southwest Quarter of Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, lying 200 feet Westerly of (as measured at right
angles to) the West line of Glacier Ridge Unit No. 2, a Subdivision of part
of said Section 29, according to the Plat thereof re -recorded August 17,
1978, as Document No. 741873), in McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter of Section 30,
Township 45 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois.
EXHIBIT 2 Page 3 of 5
Parcel D:
Ail that part of the West Half of the East Half of the Northeast Quarter of
Section 30, Township 45 North, Range 8 East of the Third Principal
Meridian, which lies Southerly of the right-of-way line of State Route 120,
in McHenry County, Illinois; and
- ParcelThe Northwest Quarter of the Southeast Quarter of Section 30 and the
North 1/2 of the Southwest 114 of the Southeast 1/4 of Section 30 (except
any part thereof lying South of the North line of the property conveyed by
Document No. 699743, described as follows: The South 495.76 feet of
the North 112 of the Southwest 1/4 of the Southeast 114 of Section 30);
ALSO the West Half of the Northeast Quarter of Section 30 (except that
part of the West Half of the Northeast Quarter of Section 30, Township 45
North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Northwest corder of said Northeast Quarter of Section
30 for the place of beginning of this description; thence Southerly along
the West line of said Northeast Quarter, a distance of 100.00 feet to a
point; thence Easterly along a line forming an angle of 90 degrees, 00
minutes, 00 seconds to the left, with the last described line extended, a
distance of 30.00 feet to a point; thence Northeasterly along a line forming
an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last
described line extended, a distance of 50.13 feet to a point; thence
Easterly along a line forming an angle of 53 degrees, 25 minutes, 40
seconds to the right, with the last described line extended, a distance of
300.00 feet to a point; thence Northeasterly along a line forming an angle
of 16 degrees, 42 minutes, 00 seconds to the left, with the last described
line extended, a distance of 104.40 feet to a point; thence Northerly along
a line forming an angle of 73 degrees, 18 Minutes, 00 seconds to the left,
with the last described line extended, a distance of 30 feet, more or less,
to a point in the North line of the Northeast Quarter of Section 30
aforesaid; thence Westerly along said North line, a distance of 459.00 feet
to the place of beginning), ALSO (except that part of the West Half of the
`Northeast Quarter of Section 30, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Northwest corner of the Northeast Quarter of said Section 30, said corner
also being on the Center line of FAP Route 21 (Illinois Route 120); thence
South 89 degrees, 51 minutes East along the Center line of FAP Route 21
for a distance of 459.0 feet to a point on the East line of a tract of land
acquired by State of Illinois, known ao Tract 0001 as set forth in Vesting
Order fled on November 26, 1.968, as Case No. 68-2578 in the Office of
the Clerk of the Circuit Court In McHenry County, Illinois, for a place of
beginning; thence North 0 degrees, 09 minutes East along said East line,
t 1 for a distance of 3.9 feet to a point on the North line of said Section 30;
thence North 89 degrees, 40 minutes East along said North line of Section
EXHIBIT 2 Page 4 of 5
30, for a distance of 855.7 feet to a point on the East line of the West Half
of the Northeast Quarter of said Section 30, said point being 8.4 feet
radially distant Northerly of the Center line of FAP Route 21; thence South
0 degrees, 20 minutes East along said East line, for a distance of 48.4 feet
to a point, being 40.0 feet radially distant Southerly of the Center line of
FAP Route 21; thence Westerly along a curve to the tight, having a radius
of 68819.6 feet, said curve being concehtric with and 40.0 feet radially
distant Southerly of tfib Center iiife of FAP-Route 21, fm'a-dtstance of -- ----
624.0 feet; thence North 89 degrees, 51 minutes West along a line being
parallel to and 40.0 feet normally distant Southerly of the Center line of
FAP Route 21, for a distance of 265.4 feet to a point on the Southeasterly
line of the aforementioned Tract 0001; thence North 73 degrees, 27
minutes *East along said Southeasterly line, for a distance of 34.8 feet to a
point c n the previously described East line of Tract 0001, said point being
30.0 feet normally distant Southerly of the Center line of FAP Route 21;
thence North 0 degrees, 09 minutes East along said East line, for a
distance of 30.0 feet to the place of beginning) ALSO (excepting the West
420.00 feet of the North 625.00 feet of the West Half of the Northeast
Quarter of said Section 30), all in Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
EXHIBIT 2 Page 5 of 5
na_t, C _ 1 Qr;Q
Exhibit C to
An Ordinance Authorizing the Execution of an Amendment to
the South Meyer Material Anexation Agreement
is
MEYER MATERIAL ANNEXATION
AGREEMENT AMENDMENT —
DECEMBER 2018
This Amendment to the
South Meyer Material Annexation
Agreement ("Amendment") is
made and entered into this 17th
day of December, 2018 by and
between the City of McHenry
("City") and Meyer Material
Company, LLC, 7001 S. Illinois 1 his apace reserved for Recorder's use only.
Route 31, South Elgin, Illinois ("Meyer") and Chicago Title Land Trust Company, as Trustee under
Trust Number 53278 ("Chicago Title Trust") (collectively, "Owner").
Recitals
WHEREAS, Chicago Title Trust is the record owner of the real estate depicted on the
attached Exhibit A, as Parcels A-E and legally described on the attached Exhibit B ("Subject
Property");
WHEREAS, Meyer is the sole beneficiary of the Chicago Title Trust.
WHEREAS, the Subject Property constitutes territory which is subject to terms of prior
annexation agreements and ordinances, as follows:
1. Annexation Agreement dated December 20, 1976, ("Parcel A Annexation Agreement").
2. Ordinance No 77-122 annexing Parcel B ("Parcel B Annexation Agreement").
3. Annexation Agreement dated May 4, 1988 ("Parcel C Annexation Agreement").
4. Annexation Agreements dated October 3, 1991, September 2, 1992 and May 29, 1996
("Parcel D Annexation Agreements").
5. Annexation Agreement dated April 22, 1998 ("Parcel E Annexation Agreement").
The Annexation and Annexation Agreements referenced in subparagraphs 1-5, above shall be
referred to herein as "Prior Annexation Agreements".
WHEREAS, the Prior Annexation Agreement expiration dates of May 4, 2018 were
extended to December 18, 2018, by way of various 2018 Tolling Agreements signed by Meyer
and the City, to allow the Meyer and the City to negotiate the terms of this Amendment and to
the Prior Annexation Agreements and the parties desire to amend the terms of the Prior
Annexation Agreements by this Amendment.
WHEREAS, the corporate authorities of the City, after due and careful consideration, has
concluded that this Amendment would further the growth of the City and enable the City to
control the development of the area and serve the best interests of the City.
WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq., this proposed
Amendment was submitted to the corporate authorities of the City and a public hearing was held
thereon before the City Council of the City, pursuant to notice, as required by law.
WHEREAS, the City, is a home rule municipality as contemplated under Article VII, Section
6, of the Constitution of the State of Illinois, and the City Council approval of this agreement by
the authorizing Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois.
NOW, THEREFORE, in consideration of the promises and agreements made herein, the
adequacy and sufficiency of which is acknowledged by the parties hereto is agreed as follows:
1. The recitals set forth above are incorporated herein by reference.
2. The purpose of this Amendment is to provide for certain changes or amendments
to the Prior Annexation Agreements, leaving in full force and effect the agreements made in the
Prior Annexation Agreements, which terms are incorporated herein by reference as if fully stated,
to the extent that they are not changed or amended herein. More specifically, 1) no royalty or
annexation fee provisions set forth in the Prior Annexation Agreements shall be applicable to the
Property; 2) the provisions of Ordinance number 0-96-786 and the May 29, 1996 Second
Amendment to Annexation agreement relating to the Wash Plant are superseded and replaced
by the provisions of this Amendment; and nothing herein shall negate the 1-1 and special use
zoning classification previously granted to Parcel A under the terms of that certain annexation
agreement dated December 20, 1976 and Ordinance number 0-93 a/k/a Ordinance number 76-
93.
3. The following amendments are made to the Prior Annexation Agreements:
A. Term Extension and Completion Deadlines. The Prior terms of the Prior
Annexation Agreements are hereby extended to June 30, 2028, subject to
timely completion of the following mining operations:
a. All dry bank (above ground level) mining operations, as depicted and
designated on the Mining Plans (as defined below), shall be fully and finally
completed; and the primary/field crusher, which is the largest contributor
of noise to the neighboring property owners, shall be removed from the
Subject Property, no later than December 31, 2024 ("Dry Bank Mining
Operations). However, the City acknowledges that the floor of the mining
operations will be excavated after December 31, 2024, in accordance with
the Mining Plans (as defined below) to reach the wet mining operations,
("Floor Material"), but Meyer agrees that no primary/field crusher will be
operated during the Floor Material process. Cell boundaries referenced on
the Mining Plans (as defined below) are approximate and, accordingly,
working over an adjacent boundary into cells B, C & D prior to reaching
them in the sequence shall not require prior City approval and does not
constitute a violation. Provided, however, encroachment into Cell E from
adjacent cells is not allowed
N
b. All wet (below water/below ground level) mining operations, as depicted
and designated on the Mining Plans (as defined below) shall be fully and
finally completed no later than December 31, 2026 ("Wet Mining
Operations").
c. Reclamation of that part of Parcel A depicted and designated on the
Mining Plans (as defined below) shall be fully and finally completed no later
than December 31, 2021.
d. The haul road designated, depicted and specified on the Mining Plans (as
defined below) shall be closed off no later than the applicable completion
date in Section 1 f, below.
e. All reclamation, as depicted and designated on the Mining Plans (as
defined below), shall be fully and finally completed no later than December
31, 2026.
f. If, on or before December 31, 2022, the conditional use permit under City
Ordinance Number 02-1121 is not extended past December 31, 2024, then
the final berm removal and restoration, as depicted and designated on the
Mining Plans (as defined below), shall be fully and finally completed no
later than June 30, 2028. However, if on or before December 31, 2022, the
conditional use permit under City Ordinance Number 02-1121 is extended
past December 31, 2024, the final berm removal and restoration, as
depicted and designated on the Mining Plans (as defined below), shall be
fully and finally completed no later than eighteen (18) months after
completion of the Northside Mining Activities, as contemplated in the
applicable ordinance or annexation agreement relating to the Northside
Mining Activities.
g. Meyer reserves the right to file suit in the future with regard to any cause
of action it may have relating to a wrongful denial of the extension of
Ordinance Number 02-1121 relating to the Meyer Northside Mining
Activities. Provided, however, this reservation by Meyer is not to be used
to construe or interpret any provision of this Ordinance.
B. Fees.
a. Meyer shall annually pay to the City, during the term of this Amendment,
the following fees:
• Before February 28, 2019
$300,000
• No later than May 1, 2019
$200,000
• No later than May 1, 2020
$200,000
• $175,000 no later than May 1 of each year 2021-2024
$700,000
• No later than May 1, 2025
$125,000
• No later than May 1, 2026
$ 75,000
3
Total to be paid to the City $1,600,000
b. In the event Meyer fails to meet the Dry Bank Mining Operations deadline,
specified in section 1a, above, Meyer shall pay to the City the following
additional lump sums (without proration) until all Dry Bank Mining
Operations are fully completed:
i. $20,000 if not completed on or before December 31, 2024, payable no
later than January 15, 2025;
ii. $35,000 if not completed on or before January 15, 2025, payable no later
than January 31, 2025;
iii. $40,000 if not completed on or before on January 31, 2025, payable no
later than February 15, 2025;
iv. $45,000 if not completed on or before on February 15, 2025, payable no
later than February 28, 2025 and
v. $100,000 if not completed on the 1st day of each month thereafter,
payable no later than the 15th day of the that month.
Payment of these additional fees shall not preclude the City from proceeding
to suspend or terminate Meyer's mining activities.
c. If the Wet Bank Mining Operations specified in section 1b, above, is not
completed on or before December 31, 2026, there shall be due and
payable from Meyer to the City the City the lump sum of $100,000 (without
proration) due on the 1st day of each month thereafter, commencing on
January 1, 2027, payable on the 15th day of that month, until all Wet Bank
Mining Operations are completed. Payment of this fee shall not preclude
the City from proceeding to suspend or terminate Meyer's mining
activities.
C. Hours of Mining Operation. Excluding New Year's Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day and Christmas Day, on which days there will be
no field mining (extraction) operations conducted, mining operations shall be
conducted only during the following days and hours: weekdays 7 a.m. - 7 p.m.;
Saturdays 7 a.m. — 3 p.m.; Sundays closed. Loading and maintenance hours
shall be from 5 a.m. to 8 p.m.
D. Reclamation Plans/Security. Revised and updated Narrative statement,
Existing Conditions Plan, Operations Plan and Reclamation Plan (collectively,
"Mining Plans"), dated December 14, 2018 have been prepared by Baxter &
Woodman consulting engineers and are attached hereto as Exhibit C,
consisting of 4 pages. These Mining Plans shall be further updated by Meyer,
for review and approval by the City, no later than December 31 of each year,
commencing 2019. Final approval or disapproval of the Updated Mining Plans
shall be issued by the City no later than January 30 of each year. The
Reclamation Pan and Operations Plan prepared by Associated Planners dated
4
October 1987 including the specific responses to the City Zoning Standards are
superseded and replaced by the provision of this Amendment.
To secure Meyer's compliance with the Mining Plans, it shall,
contemporaneously upon the adoption of this Ordinance, provide to the City
the surety bond attached hereto as Exhibit D. Provided, however, no later
than December 31, 2024, Meyer shall provide to the City a clean irrevocable
letter of credit. The amount of the letter of credit shall be equal to 100% of
the estimate established by the City's consulting engineer of the cost at that
time, to fully and finally reclaim the entire Subject Property pursuant to the
then existing and City approved Mining Plans. The letter of credit shall be
issued by a financial institution, in a from, and including conditions of drawing
funds all reasonably approved by the City Attorney. At the same time of the
submission of the required letter of credit, Meyer, or the then owner in title
to the Subject Property, shall provide to the City a fully executed and
recordable temporary easement over and on all of the un-reclaimed portions
of the Subject Property along with necessary areas of on and over the Subject
Property necessary to access the un-reclaimed portions of the Subject
Property for the purpose of completing all remaining work required pursuant
to the Mining Plans which may be undertaken by the City in its sole discretion
and to be paid for out of the letter of credit funds. Upon submission of the
required letter of credit, the City shall release the surety bond, Exhibit D. Any
work performed by the City or its designees and paid for out of the letter of
credit proceeds, shall not unreasonably disrupt the authorized mining activity
of Meyer on the Northside of Rt. 120. After Meyer has filed the letter of credit
with the City, it may submit progress reports for its reclamation activities and
request, not more often than semi-annually, a request to reduce the letter of
credit for completed work supported by estimates approved by the City
engineer. The city shall reduce the letter of credit following the City Engineer's
approval.
E. Noise. Noise generated within the Subject Property shall not violate the Illinois
Administrative Code, Title 35: Environmental Protection: Subtitle H: Noise:
Chapter I Pollution Control Board sections 900.101-900.103 ("Applicable Noise
Regulations). To verify compliance with this noise restriction, no later than
February 28, 2019, Meyer shall supply City with a new datalogger, and related
materials, approved by Meyer and the City's consultant, Tom Thunder, to
enable the City to periodically, at City's discretion, test the noise levels
wherever and whenever it wants at the border of or otherwise outside of the
Meyer property lines.
All Meyer -owned vehicles and third -party stripping contractors shall use white
noise back-up alarms, unless such use is proscribed by a State adopted law or
regulation. All topsoil stripping and overburden work on future mining areas
depicted on the Mining Plans shall only be performed before Memorial Day
5
and after Labor Day. The primary/field crusher shall remain a minimum
distance from residential property lines of 500 feet.
In the event noise levels from the Subject Property are approaching maximum
limits set by the Applicable Noise Regulations, and noise complaints continue
to be received from the community, Meyer shall apply engineering noise
controls, such as enclosures, barriers or mufflers of the offending equipment
to alleviate the noise complaints.
F. Dust. Visible emissions of particulate matter shall leave the property line in
strict compliance with the regulations set forth in 35 III Adm Code 212.301-316
relating to Visible and Particulate Matter Emissions and more specifically,
Subpart K: Fugitive Particulate Matter. In addition, dust generated within the
Subject Property shall not be permitted to leave the Subject Property at levels
higher than the Federal and State PM 10 and PM 2.5 National Ambient Air
Quality Standards. To verify compliance with this dust restriction, no later than
March 30, 2019, Meyer shall convey to the City a new or reasonably
acceptable (to the City) recertified DustTrak DRX Monitoring device approved
by the City's dust consultant to enable the City to periodically, at City's
discretion, test the dust levels wherever and whenever it wants at the border
of or otherwise outside of the Meyer property lines, excluding entrances and
adjacent to perimeter berm activity. Provided, however, the City will not
enforce the PM 10 and PM 2.5 Standards referenced herein in high winds in
excess of 25 mph, as determined by a one -hour average or hourly recorded
value at the nearest official station of the U.S. Weather Bureau or by wind
speed instruments operated on the site. In cases where the duration of
operations subject to this rule is less than one hour, wind speed may be
averaged over the duration of the operations on the basis of on -site wind
speed instrument measurements.
G. Groundwater. Groundwater passing through the Subject Property shall be
monitored at two (2) on -site upgradient water wells, at locations depicted on
the Existing Conditions Plan of the Mining Plans, and two (2) on -site down
gradient locations provided by Meyer no later than May 31, 2019. The location
and installation of the monitoring well sites shall be reasonably approved by
the City's groundwater consultant to provide valid groundwater samples in
accordance with accepted practice and applicable state, county and local
guidelines. Such groundwater shall not be permitted to leave the Subject
Property, as technically feasible, at water quality levels less than the limits for
parameters set forth under the McHenry County Groundwater Ordinance for
Earth Extraction Sites. Testing of the groundwater from these well sites shall
be conducted quarterly commencing in May of 2019. The samples collected
shall be analyzed by a laboratory approved by the City and the results should
include QA/QC documentation, including testing data such as date of receipt
of sample, condition of sample, proper preservation of sample, etc. The City
shall be notified of the proposed sampling dates and times so they, or their
A
representative, can be present through a representative, and collect duplicate
samples, as the City deems necessary. All quarterly testing results and reports
shall be delivered to the City Administrator for confirmation of compliance
with the applicable standards.
H. Illinois Route 120. Illinois Route 120 at the entrance of the Subject Property
shall be maintained by Meyer to remove loose gravel and material from the
mining activity and reduce dust with water to prevent track out. The driveway
and entrance areas to Illinois Route 120 shall be swept or vacuumed by Meyer
not less than two (2) days per week and upon reasonable request by the City.
In addition, at the weigh station signage will be clearly posted by Meyer
requiring all trucks hauling materials to clean the truck sides and back of loose
material to prevent spillage. Meyer employees shall inspect trucks leaving the
Subject Property and notify drivers to clean loose gravel off their trucks as
needed.
I. Annual Written Report, with maps/diagrams, to the City Council, copy on
Website including the following information over the prior 12 months.
a. Annual aerial photos (use of drone video), which include topographic
contours at 2-foot contour intervals showing the mining Plan activities on
the Subject Property and written and oral reporting/update to City
Council no later than December 31 of each year.
b. Annual written report to include an accurate representation of the
mining review progress and compliance with the Mining Plans from year
to year and forecasting for the same during the next 12-month reporting
period.
c. Equipment modifications and movement, previous year and next
operating season.
d. Inspections by any agency including City, attended by designated Meyer
employee.
e. Violations found to have existed,
f. Complaints received.
g. Fines issued.
h. Groundwater monitoring performed/results.
i. Required annual and quarterly reports,
J. No Violations. There are shall be no substantial or recurring violations of the
City of McHenry, State of Illinois or Federal mining, environmental and
reclamation laws and regulations.
K. Penalty for Violation of this Ordinance.
7
a. Judicial Remedy. In the event that a complaint is filed with the City or the
City initiates its own complaint for Meyer's violation of the terms of this
Amendment, the complaint shall, in the exclusive discretion of the City be
filed in the 22n1 Judicial Circuit Court, McHenry County, Illinois or referred
to the City Administrative Adjudication Process and the hearing officer or
circuit court judge shall have specific authority under the terms of this
Amendment, should a finding of a violation be made, of imposing fines
against Meyer for an amount up to and including $1,000 per day for each
day of the violation (unless the amount of the fine, fee or penalty is set
forth more specifically elsewhere in this Ordinance for the alleged
violation, which more specific section shall apply). Provided, however,
prior to filing any such complaint in court or referral of any complaint to
the Administrative law judge of the City, the City shall provide Meyer with
a copy of the complaint and any follow up investigations performed by the
City relating to the alleged violation, and provide Meyer with an
opportunity to cure the alleged violation of not less than seven (7) days,
and if the violation is found by the City Administrator to continue to
allegedly exist thereafter, the matter may then be referred to the City
Administrative Adjudication Process or circuit court. This opportunity to
cure shall not be required for an alleged repeat violation of the same
nature, which occurs within 180 days of a prior violation, the nature of
which, is determined the City Administrator. In addition to imposing fines,
the Circuit Court or Administrative law judge shall have the power to
suspend or terminate the mining operations of Meyer, depending on the
circumstances.
4. This Amendment shall be binding on the parties hereto, the respective successors,
grantees or assigns, until June 30, 2028.
5. Time is of the essence with regard to all completion deadlines stated herein.
6. In the event a lawsuit is filed by any party hereto relating to the Initial Annexation
Agreement or this Amendment, the prevailing party shall be entitled to recover, in addition to
the cost otherwise recoverable, its reasonable attorney's fees incurred.
7. This Amendment shall be enforceable only in the 22"d Judicial Circuit Court of
McHenry County, Illinois, which shall constitute the exclusive venue for any lawsuits filed
hereunder.
City of McHenry
a
Chicago Title Land Trust Company,
as Trustee under Trust Number 53278
Meyer Material Company, LLC
L2
By
Z:\M\McHenryCityof\MeyerMaterial\AnnexAgmtAmendSouth 121718.docx
H
Rental Housing Support Program (RHSP)
State Surcharge Exemption Declaration
Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support
Program State surcharge for the recordation of any real estate -related document unless the entity.
recording the document is any State agency, any unit of local government or any school district.
M' y checking this box and affixing my signature below, I hereby claim that the entity recording
this document is a State agency, a unit of local government or a school district and thus claiming
to be exempt from the Rental Housing Support Program State surcharge.
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Name of State agency, u it of local government or school drstfict recording
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of person presenting this declaration (Please Print)
of person presenting this declaration
RHSP Exemption rkebmdon Po:m 20I70327-I.doox
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Date